During session, we will report any activity on these bills, as well as any new legislation that may be filed, on a weekly basis. Bills are listed in numerical order. When the text of the bill and its companion are identical, only the first bill listed is analyzed. We suggest you keep this pre-session report, as the weekly reports will not contain a complete description of all the bills.

Open Government Sunset Review (OGSR): Under the Open Government Sunset Review Act of 1995, all exemptions to the Sunshine Law and Public Records Law must be reviewed and reenacted by the Legislature five years after the date of enactment, or the exemption will automatically “sunset”. The 2011 Legislature will be reviewing all exemptions created in 2005. Those bills will be included in our legislative reports and are designated “OGSR”.

PERIOD ENDING APRIL 15, 2011

CS/SB 314 Exemption/Dental Workforce Surveys:

Creates a public record exemption for information contained in dental workforce surveys submitted by dentists and dental hygienists to the Department of Health as a condition for license renewal. Similar to HB 485. Sen. Garrett Richter (R-Naples)

Expands § 119.071(2)(h)1.c., F.S., providing a public record exemption for photographs, videotapes, or images of any part of the body of victims of certain, specified sexual offenses to include victims of video voyeurism. Similar to SB 1168. Rep. Keith Perry (R-Ocala)

H. Judiciary Committee: Reported favorably.

H. State Affairs: Reported favorably. Now on H. Calendar.

HB 411 Exemption/Photographs Depicting Killing of a Person:

Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.” Allows access by court order and a showing of good cause. Similar to SB 416. Rep. Rachel Burgin (R-Tampa) UNAPPROVED 🙁

H. Judiciary Committee: Reported favorably.

H. State Affairs Committee: Amended to provide that the exemption is not intended to, nor may be construed to, overturn or abrogate or alter any existing orders duly entered into by any court of this state, as of the effective date of the act, which restrict or limit access to any photographs or video or audio recordings that depict or record the killing of a person. Reported favorably as a committee substitute. On H. Calendar. UNAPPROVED 🙁

SB 416 Exemption/Photographs Depicting Killing of a Person:

Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.” Allows access by specified family members or by court order and a showing of good cause. Similar to HB 411. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale) UNAPPROVED 🙁

S. Criminal Justice Committee: An amendment clarifying that a family member may designate another person to view, copy, or publish the record is adopted; reported favorably as a committee substitute.

S. Judiciary Committee: An amendment was adopted providing that the exemption does not apply to any court order restricting or limiting access to any photograph or video or audio recording depicting or recording the killing of a person in effect July 1, 2011, but applies only to photographs, videos or audio recordings that are public records as defined in § 119.011, F.S. Reported favorably as a committee substitute. Now in S. Governmental Oversight and Accountability Committee. UNAPPROVED 🙁

SB 828 Exemption/Inspector General Reports:

Amends § 119.0713(2), F.S., to provide an exemption for investigative and audit reports of local government inspectors general, stipulating that such reports are subject to disclosure once the audit or investigation becomes final. Also creates an exemption for information received, produced, or derived as the result of an investigation conducted by a local government inspector general. Similar to HB 667. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale)

S. Community Affairs Committee: A minor amendment is adopted; reported favorably as a committee substitute.

Creates a public record exemption for proprietary confidential business information submitted to or held by a public airport. Defines “proprietary confidential business information to include: (1) business plans; (2) internal auditing controls and reports of internal auditors; (3) reports of external auditors for privately held companies; (4) trade secrets; (5) client and customer lists; (6) potentially patentable material; (7) business transactions; (8) financial information of the proprietor; and (9) financial projections of the proprietor or airport facilities projects for which the information is provided. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities. Similar to SB 994. Rep. Mike Horner (R-Kissimmee) UNAPPROVED 🙁

H. Economic Affairs Committee: Reported favorably.

H. State Affairs: Reported favorably. Now on H. Calendar.

CS/HB 965 Florida Tax Credit Scholarship Program:

Amends the public record exemption in § 213.053, F.S., for information identifying contributors to the Florida Tax Credit Scholarship Program to allow access to the names and addresses of the 100 taxpayers with the greatest tax liabilities by eligible nonprofit scholarship-funding organizations. Also deletes limitation that such tax credits can’t exceed 75% taxes owed. Similar to SB 1388. Rep. Mike Horner (R-Kissimmee) UNAPPROVED 🙁

Creates a public record exemption for proprietary confidential information submitted to or held by a public airport, if (1) the information is intended to be and is treated as private by the proprietor submitting the information; (2) the disclosure of such information would harm the business interests of the proprietor; and (3) the information has not been intentionally disclosed by the proprietor. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities until ten days after the proposal or counterproposal is approved by the airport’s governing body. Similar to HB 913. Sen. Jack Latvala (R-St. Petersburg) UNAPPROVED 🙁

S. Commerce & Tourism Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, creates a public record exemption for proprietary confidential information submitted to or held by a public airport, if (1) the information is intended to be and is treated as private by the proprietor submitting the information; (2) the disclosure of such information would harm the business interests of the proprietor; and (3) the information has not been intentionally disclosed by the proprietor, stipulating that the information is subject to disclosure when otherwise publicly available or is no longer treated as proprietary. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities until approved by the airport’s governing body. Provides that the exemption is expires when the board votes to approve the proposal or counterproposal. UNAPPROVED 🙁

Creates a public record exemption for all records relating to clients of regional autism centers, the client’s family, or a teacher or other professional receiving center services or participating in center activities. Similar to HB 579. Sen. Nan Rich (D-Sunrise) UNSURE ???

S. Children and Families Committee: Reported favorably. Now in

S. Health Regulation Committee: Amended to removed the exemption for teachers or other professionals who receive services or participate in an autism center’s activities; authorizes release of information to the State Board of Education or the Board of Governors without redacting personal identifying information; authorizes release of information to researchers under limited circumstances; and protects the identity of donors. Reported favorably with one amendment.

Creates a public record exemption for information made available to OFR by a state or federal regulatory, administrative, or criminal justice agency that is provided to OFR only on a confidential or similarly restricted basis or is developed as part of a joint or multi-agency investigation or examination. Similar to HB 677. Sen. Alan Hays (R-The Villages)

S. Criminal Justice Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1328 creates a public record exemption for information received by OFR from another state or federal regulatory, administrative, or criminal justice agency that is confidential or exempt pursuant to state or federal law. Also creates an exemption for information received or developed by OFR as part of a joint or multi-agency examination or investigation, stipulating the exemption does not apply to information obtained or developed by OFR that is would otherwise be subject to disclosure if OFR had conducted an independent investigation or examination.

S. Criminal Justice Committee: Amended to allow for a second sealing and expunging of a criminal history record and provides eligibility standards for second sealing; allows a person to deny or fail to acknowledge arrests under certain circumstances; requires FDLE to disclose the contents of an expunged record to the subject of the records upon written, notarized request; requires each clerk of court website to include information relating to procedures to seal or expunge criminal history records. Reported favorably as committee substitute. Now in S. Judiciary.

SB 1456 Exemption/Florida Health Choices Program:

Creates a public record exemption for personal identifying information of applicants, enrollees, or participants in the Florida health Choices Program. Similar to HB 1473. Sen. Rudy Garcia (R-Hialeah)

S. Children, Families & Elder Affairs Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, creates a public record exemption for (1) personal identifying information of enrollees or participants in the Florida Health Choices Program; (2) client and customer lists of a buyer’s representative; and (3) proprietary confidential business information held by Florida Health Choices, Inc. Provides definitions.

Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product. Similar to HB 7099. Sen. John Thrasher (R-Jacksonville) UNAPPROVED 🙁

Senate: Passed the Senate. UNAPPROVED 🙁

House: Passed the House. UNAPPROVED 🙁

SB 2090 OGSR/Submission of Competitive Solicitation:

Amends the public record exemption in § 119.071(1)(b), F.S., for sealed bids or proposals received by an agency in response to an invitations to bid or requests for proposal. As amended, provides a public record exemption for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation, stipulating that the replies are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier. Also amends the meeting exemption § 286.0113, F.S., providing an exemption for portions of meetings at which negotiations with vendors conducted pursuant to a competitive solicitation and those portions of team meetings at which negotiation strategies are discussed. Requires a complete recording of exempt portions of meetings, stipulating that such recordings and any records presented at an exmept meeting are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier. Provides definitions.

S. Governmental Oversight & Accountability Committee: Removes the phrase “by responsive vendors” from the definitions of “competitive solicitation” in the bill; removes the phrase to make a contract award” throughout the bill; specifies that expiration of the exemptions is contingent upon opening the bids, proposals, or final replies. Reported favorably as a committee substitute. Now in S. Budget.

SB 2174 OGSR/SBA Alternative Investments:

Reenacts, with minor amendments, § 215.440, F.S., providing public record exemptions for records relating to alternative investments made by the State Board of Administration. As amended, stipulates that information relating to third party placement agents is subject to disclosure and requires SBA to maintain a list and description of records that are declare proprietary and therefore not subject to disclosure. Similar to HB 7225.

Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product. Similar to SB 1970. UNAPPROVED 🙁

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